Category Archives: Malpractice Lawsuits
Supreme Court rejects medical malpractice caps
The ruling, which stemmed from a Broward County case, dealt with malpractice lawsuits that allege personal injuries.
It was effectively an extension of a 2014 Supreme Court ruling that found caps unconstitutional in wrongful-death malpractice cases.
Botched Circumcision Case in Discovery
Clayton County, GA
The efforts of veteran attorney Jonathan Johnson are, at the moment, heavily focused on a medical malpractice case that will have long lasting consequences for a three-year-old boy who will be growing up with a mutilated penis after …
— Jörmungandr (@Femitheist) June 10, 2017
Malpractice damage caps struck down by Florida Supreme Court
The Florida Supreme Court on Thursday ruled that a law limiting pain-and-suffering damages in medical malpractice cases is unconstitutional, rejecting a controversial change that the Legislature and then-Gov. Jeb Bush approved in 2003.
It is about time!
Woman asking for $6 million in medical malpractice claim against UIHC
Ardeth Wray, 74, is asking the hospital to pay her $6 million.
Dr. Jeremy Greenlee diagnosed Wray with a non-cancerous tumor in the lining of her brain in May of 2015.
These tumors grow slowly and doctors can just monitor them.
The claim says Dr …
Jury sides with hospital in medical malpractice suit
Daniel Gann, a former chaplain at Hillcrest; his two sons; and Marjorie Coslett, his deceased wife’s mother, sued Scott & White Memorial Hospital, doing business as Hillcrest Baptist Medical Center, for what the family claims was the narcotic drug …
Can a Pro Se Litigant File a Medical Malpractice Claim as Executor of the Estate?
The Court of Appeals of Nebraska was faced with a case involving plain error and a pro se litigant filing a medical negligence suit as the executor of the deceased’s estate in Assad v. Sidney Regional Medical Center (No. A-16-949, May, 2017).
NC Appeals Court Says Patient Can Sue For Negligence
Converting plaintiff’s action into one for ordinary negligence would allow her to circumvent the requirement of expert certification for her medical malpractice complaint.
Plaintiff’s witnesses for an ordinary negligence claim will still be …
Malpractice lawsuit gets new life
In a four-judge decision, the high court reversed the circuit court’s finding in favor of the defendants and sent the case back for further action.
The four judges ruled the defense’s evidence of Wilson’s informed consent was irrelevant and could …
Superior Court affirms medical malpractice win for defendants
The Superior Court recently ruled in favor of defendants Chestnut Hill Hospital, Tri-County Emergency Physicians and many of its associates in an appeal filed by Ellesia Blaque of a trial court decision clearing the healthcare provider …
— Cato Institute (@CatoInstitute) April 25, 2017
Panel Rejects New Liability Theory in Med Mal Suit: A medical malpractice plaintiff cannot assert a new liability… https://t.co/csKHQIm35i
— Jena Leibowitz (@Jena_ALM) April 26, 2017
Defendants deny claims in medical malpractice lawsuit
Under affirmative defenses, the answer claims that the complaint fails to comply with requirements under Ohio Revised Code, that any injuries, losses and damages were a result of a superseding, intervening cause and/or the plaintiff’s own negligence …
How do I know if I Have a Medical Malpractice Claim?https://t.co/XzgV5lae17
— Franklin Square Law (@Franksquarelaw) April 26, 2017
Miami Gardens family wins $33.8 million medical malpractice award against federal government
The federal government will have to pay a Miami Gardens family a $33.8 million award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor’s decisions caused a teen’s baby boy to suffer irreversible …
Governor expected to approve medical malpractice lawsuits limits
Democrats and Republicans in the Iowa legislature have had fierce debates over liability issues this year.
However, a bill that would place new limits on medical malpractice lawsuits now has made it through the House and Senate with bipartisan support.
Autopsies Can be Helpful in Establishing Medical Malpractice
“Even if you don’t believe that your doctor did anything wrong or out of the ordinary, it is advisable to ask for an autopsy to be performed within 24 hours of death.”
“And you should immediately suspect that something is wrong if the request is refused.”
To prove that medical malpractice played a role in the death of a loved one, you must first determine the exact cause of death and provide conclusive actions linking the attending specialist to that cause.
If a hospital refuses to agree to an autopsy …
Medical malpractice bill passes Iowa Senate
The Iowa Senate gave final approval Monday to legislation aimed at limiting medical malpractice lawsuits, one of the key priorities of majority Republicans’ policy agenda for the 2017 session.
Senate File 465 includes provisions governing doctor …
Bills stir debate over medical malpractice
BATON ROUGE — A pair of bills calling for an increase in the $500,000 cap on economic damages for medical malpractice has prompted lawmakers to consider broader changes in state laws.
The House Civil Law and Procedure Committee voted Thursday to …
GOP Bill Would Make Medical Malpractice Suits Harder to Win
Low-income people and older Americans would find it more difficult to win lawsuits for injuries caused by medical malpractice or defective drugs or medical devices under a bill drafted by House Republicans as part of their plan to replace …
— Yonke Law, LLC (@YonkeLawLLC) April 26, 2017
Okay, so here’s a staggering, and sobering, statistic:
“According to a study by John Hopkins Medicine, medical error is the third leading cause of death in the United States right behind heart disease and cancer.”
Texas doctor can’t be sued in New Mexico, court rules
Wertheim said the instances in which Texas law allows malpractice lawsuits against hospitals like Texas Tech University Medical Center are so narrow that it would not be possible to file suit against it, and that was probably never a possibility under …
Arkansas Jury Enters $46.5 Million Verdict For Toddler In Medical Malpractice Case
In a two-week trial, a toddler, Kara Smalls received a jury verdict of $46.5 million in compensatory damages against a family doctor, Dr. Jonathan Lewis, employed by Ouachita Valley Family Clinic, a Baptist Health …
Are medical malpractice lawsuits really a form of ‘blackmail’?
Both President Trump and Price have criticized “frivolous” medical malpractice lawsuits for contributing to the cost of health care and health insurance.
Insurers are said to charge more to recoup the costs of lawsuits; doctors are said to order …
Prescription for disaster: Is the system stacked up against victims of medical malpractice?
There were almost 1,000 malpractice lawsuits filed last year compared to 845 in 2011, according to the state office of court administration.
As a percentage, medical malpractice lawsuits represent a tiny fraction of non-motor vehicle civil lawsuits …
Jury awards Springfield woman $28 million in malpractice lawsuit
A Greene County jury this week awarded nearly $29 million to a woman who sued Mercy Clinic Springfield Communities for malpractice in 2015.
Attorneys for Emilee Williams convinced a jury that her doctor, Dr. Elene Pilapil, …
— SecondOpinions.com (@_SecondOpinions) March 13, 2017
Court awards Valley veteran $2.5 million in medical malpractice
U.S. Army vet Steve Cooper was awarded $2.5 million in his medical malpractice lawsuit against the Phoenix VA on Monday.
U.S. Magistrate Michelle Burns ruled Monday that a nurse practitioner who found abnormalities in Cooper’s prostate in 2011 should …
Medical malpractice judgment might be largest in state history
In 2014, the South Dakota Board of Medical and Osteopathic Examiners reprimanded Oury for failing to disclose medical malpractice lawsuits and criminal charges on his application to practice medicine in South Dakota.
During 2012 and 2013, the board …
Aiken Regional Medical Centers hit with $13.75 million judgment – Aiken Standard
Aiken Regional Medical Centers must pay a triple amputee nearly $14 million in damages, in a medical malpractice case, according to a verdict reached by an Aiken County jury Tuesday.
Seletha Gartrell, 54, of Aiken, filed suit after she lost both her …
— Tomkiel & Tomkiel (@TomkielLaw) March 13, 2017
Who can file a medical malpractice lawsuit?
According to a study by John Hopkins Medicine, medical error is the third leading cause of death in the United States right behind heart disease and cancer.
Yet in Wisconsin, families of victims are seldom awarded money for their emotional …
House narrowly OKs bill putting restrictions on medical malpractice lawsuits
The Kentucky House narrowly approved a bill that will make it more difficult to pursue medical malpractice and neglect lawsuits in Kentucky, putting the bill one procedural step away from being sent to Gov. Matt Bevin for his signature.
Under Senate …
Hospital Pays Out $500,000 In Medical Malpractice Lawsuit
Medical malpractice lawsuits are more common than one may think.
Unfortunately, even routine procedures can go horribly wrong in the blink of an eye.
Most of the time, medical personnel have good intentions when entering an operating room.
$50 million civil trial accuses Phoenix VA of medical malpractice
U.S. Army veteran Steve Cooper of Chandler has stage 4 prostate cancer, a terminal illness Cooper claimed could have been easily treated if not for the reckless care he received at Phoenix’s VA Medical Center.
(Source: 3TV/CBS 5). A $50 million medical …
House Panel Backs Lawsuits Over Abortion Injuries
The lawsuits would not be handled as more-typical medical malpractice cases, which have requirements that make them more difficult to pursue.
“This bill is about women’s safety,” Grall said before the vote.
“It is about empowering a woman who has been …
— Jacoby & Meyers (@JMLawyersCA) February 24, 2017
Judge dismisses some claims in lawsuit against former Manitowoc doctor
This isn’t just a medical malpractice claim, that he just didn’t blow it with regard to what he was prescribing.
We asserted that there was an extreme monetary benefit for what they were doing,” the plaintiffs’ attorney, Timothy Knurr, said.
Click for original story
Woman who lost hands, feet sues doctor
A former intelligence analyst for the department of defense did not expect to be living in a nursing home, being spoon fed her meals and medication.
But living without hands and feet is the new normal for Lisa Maria Carter.
She went in …
Failure to Diagnose Heart Disease: Medical Malpractice
If you or a family member experienced a heart attack because of a failure to diagnose heart disease, you may have a case for medical malpractice.
Depending on the outcome, you may be able to recover damages for wrongful death and funeral expenses, …
Nursing home abuse and neglect is a very serious type of lawsuit, and is usually New York medical malpractice…. https://t.co/nOm2ntKIP0
— John H. Fisher (@JFisherLawyer) February 24, 2017
Ala. SC declines to apply ‘new, greatly expanded’ theory of liability in hospital negligence cases
The Alabama Supreme Court has sided with a Sheffield-area hospital at the center of a medical malpractice lawsuit, filed after a man died from an aneurysm 20 days after his visit to the facility’s emergency room.
Possible Lawsuit: New Mexico Medical Malpractice Lawsuit News & Legal Information https://t.co/lfIsi0W8UN
— Lawsuit Info Center (@LawsuitInfoCent) February 24, 2017
Lawyer calls Maryland senator’s role in medical malpractice
A Maryland state senator joined the defense team in a medical malpractice lawsuit last month even though he has limited legal expertise in that area, a move the …
Supreme Court Confirms Expert Testimony Required to Establish Causation in Legal Mal Cases
In the recent case of Bozelko v. Papastavros, 323 Conn. 275 (Sept. 27, 2016), the Connecticut Supreme Court ruled that expert testimony is required to establish the element of causation in a legal malpractice case.
Thus, even where an attorney’s …
— Real Estate Law (@LegalRealEstate) December 21, 2016
Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors
The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice.
The trustee alleged that debtor’s counsel committed malpractice and asserted that the legal …
Things to Think About Before Suing a Client Over Past-Due Bills
In California, attorneys sometimes wait until after the statute of limitations for legal malpractice has expired to demand payment of unpaid fees because the time to sue for breach of contract is generally much longer than the time to sue for malpractice.
Does anyone know of any good legal malpractice attorneys in Utah?
— Bently McKenna (@BentlyMcKenna) November 18, 2016
California Appellate Court Analyzes When Attorney-Client Relationship Ends Stopping Tolling Of Statute Of
A California appellate court issued a unanimous opinion in October providing guidance regarding the tolling provision for continued representation as to legal malpractice claims, as set forth in section 340.6 of the California Code of Civil Procedure …
Syracuse University accuses longtime law firm Bond, Schoeneck & King of malpractice
The law firm still represents the university in other legal matters, according to a source connected to SU.
In negotiating a contract for the bookstore, Bond, Schoeneck & King lawyers “violated ethical rules, professional standards and fiduciary duties …
The Professional Judgment Rule or ‘Qualified Immunity’
That is, the professional judgment rule is effectively an affirmative defense precluded for adjudication upon preliminary objections except where the complaint clearly begs that defense (for example, a complaint alleging legal malpractice for an …
Third Circuit upholds trial court ruling in legal malpractice action
A panel of appellate judges has recently ruled to affirm a trial court’s decisions on the subjects of judgment on the pleadings and a denial of a motion for reconsideration in a legal malpractice litigation.
On Nov. 10, judges Michael A.
This is legal malpractice case of coley attorney who may have helped jay z attorney in Philadelphia so he could… https://t.co/AOyAANQlqe
— FCLU Philadelphia (@FCLU_Phila) December 22, 2016
50 Cent to Receive $14.5 Million in Legal Malpractice Suit Victory
50 Cent (real name Curtis Jackson) has settled a malpractice lawsuit with his former lawyers and will receive $14.5 million — but it’s unlikely 50 Cent will see any of that award, as most of it will go toward satisfying the $23 million bankruptcy …
SC Supreme Court extends Statute of Limitations in Lawyer Malpractice
21 at 17), reversed precedent and adopted a hybrid rule for the statute of limitations defense involving legal malpractice claims. Stokes-Craven, an automobile dealership, was sued in an automobile fraud case. Stokes-Craven hired Robinson to defend it …
Lawsuit alleges malpractice in Anaheim dental clinic infection case
Families leave Children’s Dental Group of Anaheim after an appointment earlier this year.
The first medical malpractice lawsuit on behalf of a patient hospitalized with a dental infection acquired during an outbreak this year, has been filed against …
— MedicalNews (@MedicalNewsLH) December 2, 2016
VA Offering Screening To Vets Due To Questionable Dental Care
During the Tuesday press conference, Brahm acknowledged recent malpractice in other departments at the Tomah VA.
But she said the medical center has made significant improvements in the last year.
“I am seeing signs that it is working,” Brahm said.
Santa Clara, CA: Several hundred veterans may have been infected hepatitis B, hepatitis C or HIV following… https://t.co/xC9DyZr9sT
— BigClassAction.com (@BigClassAction) December 5, 2016
Investigation: VA Dental Malpractice
Santa Clara, CA: Several hundred veterans may have been infected hepatitis… https://t.co/GTgqvxtS8A
— lawyers&settlements (@OnlineLegalNews) December 5, 2016
Santa Clara, CA: veterans may have been infected with hepatitis B, hepatitis C,HIV via dental malpractice https://t.co/pCs50gjUOs
— wilma miles (@miles_wilma) December 5, 2016
Reform now: VA dentist may have infected 600 vets with HIV, hepatitis
That’s an odd defense, though; they already know the dentist purposefully violated the regulations, and that he put patients at risk.
Whether or not that results in criminal charges, it’s still insubordination and professional malpractice, more than …
Patient alleges dental malpractice caused loss of teeth
NEW ORLEANS – A woman claims that her dentist failed to properly treat her periodontal disease.
Dorothy Tull-Johnson filed a suit against Ronald S. Leggio DDS in the Orleans Parish Civil District Court on Oct. 25.
According to the claim, the plaintiff …
— Cohen & Malad, LLP (@CohenMaladLLP) December 8, 2016
— Simpson Millar LLP (@Simpson_millar) August 25, 2016
OC Clinic Facing Lawsuit Over Infections
Among other charges, the initial lawsuit alleges the clinic engaged in fraudulent behavior and medical malpractice through means of intimidation by performing unnecessary pulpotomies, otherwise known as “baby root canals,” which have so far resulted in …
California Supreme Court ruling in medical negligence cases will have far reaching effect
SAN FRANCISCO — A recent California Supreme Court court ruling has broken new ground when it comes to the interpretation of the statute of limitations regarding medical negligence lawsuits.
The California Supreme Court ruled in the case of Flores v …
Understanding damages in a medical malpractice case
There are four requirements for a medical malpractice action: duty, departure, proximate cause and damages. The first arises from the doctor-patient relationship and the second and third address how a failure to adhere to the Standard of Care caused the …
Is Money The ONLY Way To Settle a Medical Malpractice Claim?
One way in which physicians can respond to a medical error is to apologize. Apologies—statements that acknowledge an error and its consequences, take responsibility, and communicate regret for having caused harm—can decrease blame, decrease anger, increase trust, and improve relationships. Importantly, apologies also have the potential to decrease the risk of a medical malpractice lawsuit and can help settle claims by patients.
Patients indicate they want and expect explanations and apologies after medical errors and physicians indicate they want to apologize. However, in practice, physicians tend to provide minimal information to patients after medical errors and infrequently offer complete apologies. Although fears about potential litigation are the most commonly cited barrier to apologizing after medical error, the link between litigation risk and the practice of disclosure and apology is tenuous.
Other barriers might include the culture of medicine and the inherent psychological difficulties in facing one’s mistakes and apologizing for them. Despite these barriers, incorporating apology into conversations between physicians and patients can address the needs of both parties and can play a role in the effective resolution of disputes related to medical error.
— Angela Muhammad (@vanguardtvn) November 27, 2016
Consumer Studies Undermine Arguments for Medical Malpractice Tort Reform in Obamacare Replacement Bills
Americans for Insurance Reform (AIR), a project of the Center for Justice & Democracy representing a large coalition of public interest groups, today published two major new studies of the medical …
Judge awards max to woman, 24, after hysterectomy
A federal judge awarded a 24-year-old woman the maximum amount permitted under West Virginia’s medical malpractice laws after finding that a Beckley doctor who removed the woman’s uterus acted in reckless disregard of her safety. U. S. District Judge …
Should I File for Medical Malpractice? What You Should Know
The specific laws governing a medical malpractice suit vary from state to state, so you will need to find out what qualifies in your state. Generally, however, the terms that must be met for a suit of this kind include: Many states have specific laws …
$20M settlement for lawyer’s stroke
A former Chicago attorney who experiences severe memory loss after suffering a stroke at work has settled his lawsuit for $20 …
Husband and wife accuse Advocate Christ Medical Center, others of medical malpractice
CHICAGO — A husband and wife are suing Collette Major, M.D., Mosijola Ogunbuyide, C.R.N.A., Midwest Anesthesiologists, Ltd, and Advocate Christ Medical Center, citing alleged insufficient measures were taken to prevent injuries and negligence, leaving …
Long Beach Mother Claims Malpractice After Misdiagnosis
A Long Beach mother is claiming medical malpractice after she says doctors misdiagnosed symptoms of her young son who had a penny lodged in his …
Settlement: Malpractice – Decision in favor of Plaintiff in the amount of US$ 5,835,000
Celeste and Ignacio Trevino v. Mithcell Sheinkop, M.D. and Michael Lee, M.D. Decision for Complainant for US$ 5,835,000
Saundra Boyd v. Orthopaedic Associates of Central Maryland, P.A., et al. Verdict for Complainant for US$ 2,378,000
Learn more about medical malpractice lawsuit settlement funding
EDWARDSVILLE– A woman is suing Alton Multispecialist, Ltd., James A. Kliefoth, M.D., Alton Memorial Medical facility and Mary Schmidt, M.D., medical …
Dept. Veterans Affairs Paid$ 338 Million in Legal Settlements Just for 2015Now, records reviewed by the New york city Daily News show the large spike in settlement payments is mostly the outcome of medical malpractice insurance claims, …
Learn more about medical malpractice lawsuit funding